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    REP. Vs LIM

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    Ali Namla
    This document summarizes a Supreme Court case from the Philippines regarding the correction of erroneous entries in a birth certificate. The respondent claimed her surname, father's name, nationality, and legitimacy status were incorrectly recorded. Both the trial court and Court of Appeals ruled in her favor to correct the entries. The Supreme Court affirmed the decision, finding that changing her surname to match what she has used for 40 years would avoid confusion rather than cause prejudice to any family or community.

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    © All Rights Reserved
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    REP. Vs LIM

    Uploaded by

    Ali Namla
    17 views2 pages
    This document summarizes a Supreme Court case from the Philippines regarding the correction of erroneous entries in a birth certificate. The respondent claimed her surname, father's name, nationality, and legitimacy status were incorrectly recorded. Both the trial court and Court of Appeals ruled in her favor to correct the entries. The Supreme Court affirmed the decision, finding that changing her surname to match what she has used for 40 years would avoid confusion rather than cause prejudice to any family or community.

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    73. REP. vs LIM

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    This document summarizes a Supreme Court case from the Philippines regarding the correction of erroneous entries in a birth certificate. The respondent claimed her surname, father's name, nationality, and legitimacy status were incorrectly recorded. Both the trial court and Court of Appeals ruled in her favor to correct the entries. The Supreme Court affirmed the decision, finding that changing her surname to match what she has used for 40 years would avoid confusion rather than cause prejudice to any family or community.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    REP. Vs LIM

    Uploaded by

    Ali Namla
    This document summarizes a Supreme Court case from the Philippines regarding the correction of erroneous entries in a birth certificate. The respondent claimed her surname, father's name, nationality, and legitimacy status were incorrectly recorded. Both the trial court and Court of Appeals ruled in her favor to correct the entries. The Supreme Court affirmed the decision, finding that changing her surname to match what she has used for 40 years would avoid confusion rather than cause prejudice to any family or community.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    You are on page 1of 2

    Yasher T.

    Hadjirulla
    Political Law Review-1

    REPUBLIC OF THE PHILIPPINES, petitioner, vs. CHULE Y. LIM, respondent.


    [G.R. No. 153883. January 13, 2004]

    FACTS:

    In her petition, respondent claimed that she was born on October 29, 1954 in Buru-an,
    Iligan City. Her birth was registered in Kauswagan, Lanao del Norte but the Municipal
    Civil Registrar of Kauswagan transferred her record of birth to Iligan City. She alleged
    that both her Kauswagan and Iligan City records of birth have four erroneous entries,
    and prays that they be corrected.
    During the hearing, she claims that her surname Yu was misspelled as Yo, and that her
    fathers name in her birth record was written as Yo Diu To (Co Tian) when it should have
    been Yu Dio To (Co Tian). Her nationality was entered as Chinese when it should have
    been Filipino considering that her father and mother never got married. Finally, it was
    erroneously indicated in her birth certificate that she was a legitimate child when she
    should have been described as illegitimate considering that her parents were never
    married.
    The trial court granted respondents petition and the Court of Appeals affirmed the trial
    courts decision.[5]
    ISSUE:
    Whether or not the court erred in its promulgated decision on the respondents petition.
    RULING:

    To bar her at this time from using her fathers surname which she has used for four
    decades without any known objection from anybody, would only sow
    confusion. Concededly, one of the reasons allowed for changing ones name or surname
    is to avoid confusion.

    Sec. 1 of Commonwealth Act No. 142, the law regulating the use of aliases, a person is
    allowed to use a name by which he has been known since childhood
    The doctrine that disallows the change of name as would give the false impression of
    family relationship remains valid but only to the extent that the proposed change of
    name would in great probability cause prejudice or future mischief to the family whose
    surname it is that is involved or to the community in general. [20] In this case, the
    Republic has not shown that the Yu family in China would probably be prejudiced or be
    the object of future mischief. In respondents case, the change in the surname that she
    has been using for 40 years would even avoid confusion to her community in general.

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